1Where an application becomes redundant without adjudication on the merits, the court will not determine the hypothetical outcome; if both parties acted reasonably in commencing and defending the application, the appropriate order is no order as to costs.
2An application under the slip rule to the court that made the order is not irregular or an abuse of process merely because an application for special leave to appeal to the High Court has been filed in respect of the same order, since the slip rule is an exception to the functus officio principle and an ungranted special leave application does not constitute a proceeding inter partes.
3Authority supports the proposition that correction of an order under the slip rule should preferably be sought in the court that made the order rather than being addressed on appeal, and delay in making such corrections should be avoided.
